The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

15.—(1) Schedule 23 (electrical equipment) is amended as follows. U.K.

(2) In paragraph 2(2)(g) for the substituted definition of “ importer ” substitute—

““importer” means a person who—

(a) is established in the United Kingdom and places electrical equipment from a country outside of the United Kingdom on the market; or

(b) is established in Northern Ireland and places electrical equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;”.

(3) In paragraph 19, in the inserted text, after the inserted regulation 34A insert—

“Expiry of regulation 34A

34B.— (1) Subject to paragraph (2), regulation 34A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 34A—

(a) any electrical equipment which was placed on the market pursuant to regulation 34A may continue to be made available on the market on or after the expiry of regulation 34A;

(b) any obligation to which a person was subject under regulation 34A in respect of electrical equipment placed on the market pursuant to regulation 34A continues to have effect after the expiry of regulation 34A, in respect of that electrical equipment.

Qualifying Northern Ireland Goods

34C.— (1) Where paragraph (2) applies electrical equipment is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a) electrical equipment—

(i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii) is qualifying Northern Ireland goods; and

(b) an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the electrical equipment on the market, the importer—

(a) complies with regulation 18;

(b) ensures that—

(i) the relevant conformity assessment procedure has been carried out in relation to the electrical equipment, in accordance with Part 3, as that Part applies in Northern Ireland;

(ii) the manufacturer has drawn up the technical documentation; and

(iii) the electrical equipment bears the CE marking.

(4) In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.”.

(4) For paragraph 23 substitute—

“23.— (1) In regulation 39—

(a) in the heading for “CE” substitute “ UK ”;

(b) for paragraph (1) substitute—

“(1) The UK marking must be affixed visibly, legibly and indelibly to—

(a) the electrical equipment;

(b) its data plate; or

(c) where paragraph (1A) applies, to—

(i) a label affixed to the electrical equipment; or

(ii) to a document accompanying the electrical equipment.”;

(c) after paragraph (1) insert—

“(1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the electrical equipment; or

(b) to a document accompanying the electrical equipment;”;

(d) in paragraph (2)—

(i) after “Where” insert “ paragraph (1A) does not apply and ”;

(ii) for “CE” substitute “ UK ” (twice).”.

Commencement Information

I1 Sch. 3 para. 15 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)